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b, To sue us on this Coverage Part unless all of <br />its terms have been fully compiled with. <br />A person or organization may sue us to recover on <br />an agreed settlement or on a final judgment <br />against an insured; but we will not be liable for <br />damages that are not payable under the terms of <br />this Coverage Part or that are in excess of the ap- <br />plicable limit of insurance. An agreed settlement <br />means a settlement and release of liability signed <br />by us, the insured and the claimant or the claim- <br />ant's legal representative. <br />4. Other Insurance <br />If other valid and collectible insurance is available <br />to the insured for a loss we cover under Cover- <br />ages A or B of this Coverage Part, our obligations <br />are limited as follows: <br />a. Primary Insurance <br />This insurance is primary except when b. be- <br />low applies. If this insurance is primary, our ob- <br />ligations are not affected unless any of the <br />other insurance is also primary. Then, we will <br />share with all that other insurance by the <br />method described in c. below. <br />b. Excess Insurance <br />This insurance is excess over: <br />(1) Any of the other insurance, whether pri- <br />mary, excess, contingent or on any other <br />basis: <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or similar <br />coverage for "your work"; <br />(b) That Is Fire insurance for premises <br />rented to you or temporarily occupied by <br />you with permission of the owner; <br />(c) That is insurance purchased by you to <br />cover your liability as a tenant for "prop- <br />erty damage" to premises rented to you <br />or temporarily occupied by you with <br />permission of the owner; or <br />(d) If the loss arises out of the maintenance <br />or use of aircraft, "autos" or watercraft to <br />the extent not subject to Exclusion g. of <br />Section I - Coverage A - Bodily Injury <br />And Property Damage Liability. <br />When this insurance is excess, we will have no <br />duty under Coverages A or B to defend the in- <br />sured against any "suit" if any other insurer has <br />a duty to defend the insured against that "suit". <br />If no other Insurer defends, we will undertake <br />to do so, but we will be entitled to the insureds <br />rights against all those other insurers. <br />When this insurance is excess over other in- <br />surance, we will pay only our share of the <br />amount of the loss, if any, that exceeds the <br />sum of: <br />(1) The total amount that all such other insur- <br />ance would pay for the loss in the absence <br />of this insurance; and <br />(2) The total of all deductible and self-insured <br />amounts under all that other insurance. <br />We will share the remaining loss, if any, with <br />any other Insurance that is not described in this <br />Excess Insurance provision and was not <br />bought specifically to apply in excess of the <br />Limits of Insurance shown in the Declarations <br />of this Coverage Part. <br />c. Method Of Sharing <br />If all of the other insurance permits contribution <br />by equal shares, we will follow this method <br />also. Under this approach each insurer con- <br />tributes equal amounts until it has paid its ap- <br />plicable limit of insurance or none of the loss <br />remains, whichever comes first. <br />If any of the other insurance does not permit <br />contribution by equal shares, we will contribute <br />by limits. Under this method, each insurer's <br />share is based on the ratio of its applicable <br />limit of insurance to the total applicable limits of <br />insurance of all insurers. <br />6. Premium Audit <br />a. We will compute all premiums for this Cover- <br />age Part in accordance with our rules and <br />rates. <br />b, <br />(2) Any other primary insurance available to <br />you covering liability for damages arising <br />out of the premises or operations, or the <br />products and completed operations, for <br />which you have been added as an addi- <br />tional insured by attachment of an e <br />r,AN <br />? c. <br />dorsement. n a 10 <br />CG 00 01 12 04 <br />?gov?9 <br />Premium shown in this Coverage Part as ad- <br />vance premium is a deposit premium only. At <br />the close of each audit period we will compute <br />the earned premium for that period and send <br />notice to the first Named Insured. The due date <br />for audit and retrospective premiums is the <br />date shown as the due date on the bill. If the <br />sum of the advance and audit premiums paid <br />for the policy period is greater than the earned <br />premium, we will return the excess to the first <br />Named Insured. <br />The first Named Insured must keep records of <br />the information we need for premium computa- <br />tion, and send us copies at such times as we <br />may request. <br />r <br />?K <br />L?sP ??toClNe`1 <br />Pssrstart ? " f <br />0 ISO roperties, Inc., 2003 <br />Pagel 1 of 16 0